In the Bill:
Environmental Outcome Reports
- To underpin the principles of the Environment Act (2021), the Bill proposes to introduce a requirement to prepare ‘Environmental Outcome Reports’ when submitting new planning applications.
- It will introduce a process where relevant plans and projects are assessed against tangible environmental outcomes set by Government.
- The outcomes have not yet been set, but the Government has advised that in the interim the Environment Act will provide some of the framework.
- A consultation will be launched on the details of the reports.
LGA view: The planning system has a vital role to play in protecting and enhancing the environment. It is vital that the proposal to introduce a new approach to environmental assessment strengthens environmental protections whilst ensuring that councils can still deliver the new homes and supporting infrastructure that the country needs.
We want to work with the Government as the outcomes are developed and would welcome explicit confirmation that this new reporting mechanism will not result in trade-offs with building new infrastructure. It is critical that this reform genuinely strengthens environmental protections, with a focus on supporting councils to achieve nutrient neutrality, to mitigate the effects of climate change. This means that new build properties are to be built to meet the necessary environmental standards at the outset, to protect the environment by reducing pollution and ensuring that retrofit is not required at a later date.
It is also vital that councils are in a position to properly assess the impact of the development against the environmental outcomes framework by having access to the relevant skills and expertise. Further, we would expect the new framework to be aligned to the Government’s principle of simplifying and standardising the planning system, and any additional responsibilities and resourcing requirements beyond the existing EU mandated framework, should be sufficiently covered by new burdens funding.
Design codes
- This includes the National Model Design Code and stronger national policy on the importance of good design.
- The Bill will require councils to produce a design code for its area.
- These codes will have full weight in making decisions on development, either through forming part of local plans or being prepared as a supplementary plan.
LGA view: We support the principle of local design codes, which will further empower communities to have input into the design and shape the area in which they live. To deliver this commitment, councils must have the necessary resources to upskill or hire new planning officers to undertake the transition process locally and then implement the new planning regime alongside developing a new design guide. According to Public Practice, to upskill and produce and deliver local Design Codes at scale local planning authorities will need forward-funding. They also estimated that adopting a Design Code for an area of approximately 1000 homes will cost £139,000.
But if the Government is serious about enhancing community engagement, there must be a greater and more explicit focus on the ability of councils to capture and reflect the views of communities in broad terms, rather than a minority in the community. Further, permitted development rights undermines the key principles of the design code policy: a democratically-led planning system that is shaped by communities and implementing the highest quality, design and safety standards in schemes. To support the design code policy to deliver its intended outcomes, we urge the Government to revoke permitted development rights.
Protecting the historic environment
- The Bill will seek to strengthen the critical role the planning system plays in protecting the historic environment.
- The Bill will give important categories of designated heritage assets the same statutory protection in the planning system as listed buildings and conservation areas.
- The Bill will also put Historic Environment Records on a statutory basis, placing a new duty on councils to maintain one for their area.
LGA view: Local government, as custodians of a significant percentage of the UK’s historic buildings, monuments, parks and open spaces, have long recognised their value and importance in helping create vibrant, healthy communities; and in creating attractive destinations for domestic and international visitors. They also play an important role in the regeneration of our town centres and high streets, which councils across the country are leading on.
However, most heritage assets are not under public ownership. While the majority are well cared for, there are also a significant number that are experiencing degradation of the fabric due to the inability or unwillingness of current owners to invest in them. The proposals for new and simplified enforcement powers will help councils to take action to protect these key historic buildings and, working with communities, bring them back into good condition and sustainable use.
We welcome the extension of planning protections to cover historic environments like registered parks and battlefields and World Heritage Sites. However, archaeological sites must also receive protection, most of which are undesignated and managed through the planning process. Placing Historic Environment Records (HER) on a statutory footing will make a contribution towards this, and has been a long-standing ask of the LGA, but will be insufficient on their own without a resourced local authority service to maintain the HER and advise on impacts on the historic environment. These will need to be covered by new burdens funding.
We also welcome the commitment to providing legal status to the provisions with the current NPPF that underpin the impact of development on heritage, the commitment to increase planning fees and the general commitment to the current local authority led heritage protection system. However we note the proposals to replace Environmental Impact Assessments/Reports with ‘Environmental Outcomes Reports’, the promise to speed up local plans and the Nationally Significant Infrastructure Project process, the removal of Local Planning Authority oversight over Crown Land applications and the prospect of local development corporations, as possible areas where, if inappropriately designed, could weaken the role of democratically elected local authorities to manage change to the historic environment for their residents and businesses.
Alongside the Bill:
Biodiversity Net Gain
- The Government confirmed that BNG will be implemented through the planning system from late 2023 onwards.
- One of the proposed changes in the revised National Planning Policy Framework will be the new duty in the Environment Act (2021) to secure BNG in association with development.
LGA view: We support the principle of BNG and the broader ambitions of the 25 Year Environment Plan to be the first generation to leave our natural environment in a better state than we found it.
Our concerns relate to the practicality of implementing BNG and we would welcome further information on the issue of resourcing and supporting councils to access ecological expertise. The announcement of £4 million to support councils prepare for the go live date is welcome and this money is now with councils. We need clarity on new burdens funding and we stand ready to work with the Department for Environment, Food and Rural Affairs (Defra) to ensure that the resource implications are fully understood. Following this, an effective package of capacity building support must be put place.
Given the short period of time to prepare for implementation, to support readiness, councils must have access to standard documents, advice and support that will allow them to develop policies that are clear to developers and avoid limited resources being diverted into legal challenges and appeals.
Active Travel England
Active Travel England – the government’s new adviser on sustainable transport – will also become a statutory consultee for key planning applications.
LGA view: We would expect Active Travel England to have a proportionate response when undertaking its role as a statutory consultee, reflecting local circumstances, priorities and resources.